Building the Strength of Your Trademark

So, you can rest easy now that you have a federal trademark registration, right?  No!  Federal trademark registrations provide many protections and advantages to trademark owners.  Nevertheless, even with federal trademark registrations in hand, trademark owners will benefit from active…

Read More

Maintaining Trademark Rights: Policing and Educational Efforts

This presentation discusses the various ways courts have evaluated a trademark owner’s efforts (or lack thereof) to police its mark, as well as efforts that should be taken to prevent a trademark from becoming generic. To view the presentation, visit: Maintaining…

Read More

Take Down Provisions: Copyright First. Now Trademark. What Next?

Below is a presentation that discusses how the take down provisions of the Digital Millennium Copyright Act (DMCA) have been expanded to not only cover copyrights but other forms of intellectual property, such as trademarks, rights of publicity, patents, etc.…

Read More

Trademark Office Consistency Program Extended

After assessing the Trademark Consistency Initiative Pilot Program, the United States Patent and Trademark Office (USPTO) has decided to extend and expand the program.  The USPTO is expanding the parameters of the program so that a Request for Consistency Review…

Read More

Case Law Update: Enforcing a Judgment by Levying a Domain Name

The Ninth Circuit issued an ironic ruling last month regarding levying domain names to satisfy a prior judgment. In Office Depot, Inc. v. Zuccarini (9th Cir., Feb. 2010), the Ninth Circuit ruled that a creditor can levy a domain name…

Read More

Trademark Videos on Demand

In case you don’t have enough videos to watch, the United States Patent and Trademark Office (“USPTO”) launched a portion of its new Trademark Information Network where anyone can view news broadcast-style videos on its website that cover important topics…

Read More

ICANN Going Global

ICANN (the body responsible for regulating domain names) is expanding the domain name system to better reach an international audience.  Domain names consisting of non-latin characters, including Chinese, Arabic, and Hebrew, are now permitted.  The program enables countries and territories…

Read More

ICANN Set to Expand Domain Name Space

ICANN (the body responsible for regulating domain names) is planning to expand the domain name system to better reach an international audience.  Domain names consisting of non-latin characters are currently set to be launched on November 16, 2009.  These characters…

Read More

Piracy: From Swords and Cannons to a Mouse and Keyboard

How would you like to drive a Ferrari, wear the latest Gucci shoes, or perhaps own an expensive Rolex watch?  Conversely, how would you like to see copies of your own products being sold online by someone else, for a…

Read More

Higher Standard to Prove Fraud on the Trademark Office

The Federal Circuit recently reversed a decision by the Trademark Trial and Appeal Board (TTAB) involving fraud on the Trademark Office.  The TTAB had ruled that the registrant committed fraud in renewing its trademark registration by maintaining goods in the…

Read More

The Importance of Conducting Post-Registration “Fraudits” of Trademark Registrations

The Trademark Trial and Appeal Board (TTAB) has ruled, precedentially, that the correction of a false statement regarding use of a trademark in commerce, if made before a registration has been challenged, creates a rebuttable presumption that the registrant did…

Read More

Tips to Avoid the Pitfalls for Madrid Protocol Trademark Applications

While the recently enacted Madrid Protocol System allows trademark owners to seek protection for their respective marks in multiple countries by filing a single application, there are some pitfalls to avoid. For large-scale coverage of your trademark in many countries,…

Read More